Sec. 11. Consequences of insufficient progress, reporting requirements, and conflicts of interest
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If the Secretary determines that a State educational agency receiving an award under section 4(b) or an eligible entity receiving a subgrant under section 7 or 8 is not making significant progress in meeting the purposes of this Act after the submission of a report described in subsection (b), then the Secretary may withhold, in whole or in part, further payments under this Act in accordance with section 455 of the General Education Provisions Act ( 20 U.S.C. 1234d ) or take such other action authorized by law as the Secretary determines necessary, including providing technical assistance upon request of the State educational agency, or eligible entity, respectively.
A State educational agency or State agency that oversees child care programs, as appropriate, receiving an award under section 4(b) may refuse to award subgrant funds to an eligible entity under section 7 or 8 if such State agency finds that the eligible entity is not making significant progress in meeting the purposes of this Act, after— providing technical assistance to the eligible entity; and affording the eligible entity notice and an opportunity for a hearing. Each State educational agency receiving an award under section 6 shall report annually to the Secretary regarding the State educational agency’s progress and the progress of the State agency that oversees child care programs in addressing the purposes of this Act.
Such report shall include, at a minimum, a description of— the professional development activities provided under the award, including types of activities and entities involved in providing professional development to early childhood providers, classroom teachers, and other instructional staff; instruction, strategies, activities, curricula, materials, and assessments used in the programs funded under the award; the types of programs and program settings for children younger than kindergarten entry funded under the award and the ages, grade levels, and demographic information of children served by the programs funded under the award, except that individually identifiable information shall not be included; the experience and qualifications of the instructional staff who provide literacy instruction under the programs funded under the award, including the experience and qualifications of those staff working with children with disabilities, English language learners, and children younger than kindergarten entry; key data metrics used for literacy initiatives; student performance on relevant program metrics, as identified in the State education agency’s implementation plan under section 6(b)(2)(C), such as— the number of students reading and writing on grade level by the end of the third grade, disaggregated by the subgroups described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)); and the instruction and activities delivered to at-risk students served under the award; and the outcomes of programs and activities provided under the award.
Each eligible entity receiving a subgrant under section 7 or 8 shall report annually to the State educational agency or the State agency that oversees child care programs, as appropriate, regarding the eligible entity’s progress in addressing the purposes of this Act. Such report shall include, at a minimum, a description of— how the subgrant funds were used; the degree of appropriate developmental progress or literacy achievement growth of students, including children who are English language learners and children with disabilities, assisted under the subgrant; the professional development of activities provided under the award, including types of activities and entities involved in providing professional development to early childhood providers, classroom teachers, and other instructional staff; instruction, strategies, activities, curricula, materials, and assessments used in the programs funded under the award; the types of programs funded under the award and the ages, grade levels, and demographic information of children served by the programs funded under the award, except that individually identifiable information shall not be included; the experience and qualifications of the instructional staff who provide literacy instruction under the programs funded under the award, including the experience and qualifications of those staff working with children with disabilities and with English language learners; key data metrics used for literacy initiatives; student performance on relevant program metrics, as identified in the State education agency’s implementation plan under section 6(b)(2)(C), such as— the number of students reading and writing on grade level by the end of the third grade, disaggregated by the subgroups described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)); and the instruction and activities delivered to at-risk students served under the award; the outcomes of programs and activities provided under the award; and the results of an external evaluation, if the Secretary determines applicable.
Not later than 30 days after the date of the enactment of this Act, the Secretary of Education shall create and implement procedures— to assess whether a covered individual or entity has a potential conflict of interest; and to require the disclosure and mitigation of any such conflict of interest to ensure the integrity of the related program. Not later than 60 days after the creation of the procedures described in paragraph (1), the Comptroller General of the United States shall report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the adequacy of such procedures to identify, disclose, and manage conflicts of interest.
Beginning not less than 6 months after the report described in subparagraph
(A)is filed, the Comptroller General shall evaluate the Department’s implementation of the procedures described in paragraph
(1)and report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate every 6 months to ensure that the Department has adequately implemented such procedures. The Comptroller General shall include in the reports any recommendations for modifications to such procedures that the Comptroller General determines are appropriate to properly identify, disclose, and manage conflicts of interest. For the purposes of this subsection: The term covered individual or entity means— an officer or professional employee of the Department of Education; a contractor or subcontractor of the Department, or an individual hired by the contracted entity; a member of a peer review panel described in section 4(c); or a consultant or advisor to the Department. The term conflict of interest means a financial interest or other self-interest that a reasonable person would expect to lead to an undue bias, or the appearance of such bias, towards a particular product or service purchased with, guaranteed or insured by, or under consideration for purchase with, or to be guaranteed or insured by, funds administered by the Department of Education or a contracted entity of the Department.
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Sec. 11
Consequences of insufficient progress, reporting requirements, and conflicts of interest
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